PhD defence P. (Piotr) Wiliński
- Prof.dr. F.J.M. de Ly
- Prof.mr. G.J. Meijer
On Friday 10 January 2020, P. Wiliński will defend his PhD dissertation, entitled: ‘Excess of Powers in International Commercial Arbitration. Compliance with the arbitral tribunal’s mandate in a comparative perspective’.
Although the idea of arbitral tribunal’s mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking
any legal definition. Often associated with other notions such as the tribunal’s mission, powers, authority or even jurisdiction, the meaning of arbitral
tribunal’s mandate remains a moving target and escapes easy classification. Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal’s mandate provides a basis for a challenge of the arbitral award at the post-award stage (either during setting aside proceedings or at the enforcement stage). Since the concept of the tribunal’s mandate is vague,
it attracts, in turn, a broad interpretation of the ground leading to a frustration of the fundamental value of arbitration – the finality of the arbitral award.
It is therefore essential to determine how the national courts review arbitral awards on the basis of ‘excess of mandate’ and consequently in what instances
they accept the argument that the tribunal acted in violation of its mandate. This study aims at recognizing the similarities and differences of the ‘excess of
mandate’ type of challenges in selected legal systems (namely the UNCITRAL Model Law, France, England, the U.S. and the New York Convention). Looking through the eyes of what the selected legal systems consider to be an ‘excess of mandate’ allows to identify common features and contributes to a better understanding of the concept of the arbitral tribunal’s mandate by arbitrators, judges and legal practitioners alike. Accordingly, this research adds a building block to the definition of the tribunal’s mandate.
The public defence will take place at the Senatehall, 1st floor of the Erasmus Building, Campus Woudestein. The ceremony will begin exactly at 11.30 hrs. In light of the solemn nature of the ceremony, we recommend that you do not take children under the age of 6 to the first part of the ceremony.